SPECIAL BOARD OF DIRECTORS MEETING NO. BOD-01-14 Friday, January 17, 2014 120 Bayview Parkway, Newmarket, ON MINUTES LSRCA Board Members Present: Regional Councillor D. Bath, Chair Deputy Mayor B. Drew, Vice-Chair Councillor M. Baier Regional Councillor J. Ballinger Councillor P. Craig Councillor D. Crake Mayor G. Dawe Councillor A. Eek Councillor D. Evans Councillor K. Ferdinands Mayor V. Hackson Councillor B. Haire Councillor D. Kerwin Councillor J. O Donnell Councillor S. Strangway Regrets: Mr. E. Bull Mayor R. Grossi, LOA Mayor A. Orsi Councillor B. Ward LSRCA Staff Present: D. G. Wood, Chief Administrative Officer R. Jarrett, General Manager, Communications & Education M. Walters, General Manager, Watershed Management R. Baldwin, Director, Planning & Development Services T. Barnett, Coordinator, BOD/CAO, Project & Services B. Booth, Manager Planning, Regulations & Enforcement P. Davies, Manager, Watershed Stewardship L. Hanson, Annual Fund Coordinator S. Jagminas, Communications Specialist D. Lembcke, Manager, Environmental Science and Monitoring P. Strong, Sub-Watershed Planner C. Taylor, Executive Director, LSCF B. Thompson, Subwatershed Implementation Specialist Guests: D. Avery, IDA H. Behrend, Citizen of Georgina J. Chisholm, Toronto J. Gibson, NGFA C. Gibbons, NGFA J. Gibbons, NGFA N. Gibbons, NGFA P. Harpley, South Lake Simcoe Naturalists T. Kinnear, Citizen of Innisfil L. Longo, Aird & Berlis LLP J. Olah, Beard Winter LLP A. Mott, Citizen of Georgina F. Nelson, Metrus Development Inc. A. Salomie, MPP Julia Munro s office A. Teuyens, Aware Simcoe T. Usher, Anthony Usher Planning Consultant S. Villiers, NGFA The Chair called the meeting to order @ 9:16 a.m. and wished all a Happy New Year. CAO Gayle Wood made an announcement regarding the recent statement by the North Gwillimbury Forest Alliance who alleged that LSRCA holds the worst record for wetlands protection. CAO Wood advised that in fact LSRCA s record shows that LSRCA has taken a total of 55 watershed landowners to court over wetland
Page 2 of 6 violations and holds the highest conviction rate regarding wetland protection in the province of Ontario. She went on to note that more than 10% of province s wetland violations are issued by LSRCA. I. DECLARATION OF PECUNIARY INTEREST None noted for the record of this meeting. II. APPROVAL OF THE AGENDA CAO Gayle Wood pointed out that Staff Report No. 01-14-BOD contained an error in that the reference to February 17, 2014 in the recommendation on Pages 1 and 4 of the Staff Report should have read January 17, 2014. CAO Wood advised Board members that a letter from Mr. Leo Longo of Aird & Berlis LLP had been received by the Authority after the Agenda had been posted and asked the Chair for permission to distribute it to the Board. With the Chair s agreement, the letter was distributed to members. Moved by: P. Craig Seconded by: S. Strangway BOD-001-14 RESOLVED THAT the content of the Revised Agenda for the Special Meeting of the LSRCA Board of Directors held Friday, January 17, 2014 be approved as amended to correct a typo on Pages 1 and 4 of Staff Report No. 01-14-BOD where February 17, 2014 should read January 17, 2014, and to include a letter from Aird and Berlis LLP dated January 14, 2014 as part of the deputation by Mr. Leo Longo. CARRIED III. DEPUTATIONS a) Mr. Leo Longo of Aird & Berlis LLP Mr. Leo Longo of Aird & Berlis LLP, legal counsel for the North Gwillimbury Forest Alliance, made a deputation to the Board requesting that LSRCA s Watershed Development Policy 11.4.1.2 be deleted. Mr. Longo referred to recommendations in Anthony Usher s reports dated September 12, 2013 and October 22, 2013, which had been distributed to Board members, along with Mr. Longo s opinion. Mr. Longo noted that no other conservation authority had a policy similar 11.4.1.2. Manager, Planning, Regulations and Enforcement, Beverley Booth, advised that based on her review, both Grand River Conservation Authority and Niagara Peninsula Conservation Authority have similar policies. She did, however, note that watershed development policies for conservation authorities are as unique as the watershed that each one serves. Moved by: D. Crake Seconded by: G. Dawe BOD-002-14 RESOLVED THAT Mr. Longo be permitted to continue with his deputation beyond the ten minute time limit normally afforded deputations. CARRIED Moved by: J. Ballinger Seconded by: P. Craig
Page 3 of 6 BOD-003-14 RESOLVED THAT Mr. Anthony Usher be permitted to address the Board. CARRIED Mr. Usher, Consultant for NGFA, responded to Councillor O Donnell s question regarding clarification of a comment in his report regarding Lagoon City having no vacant residential lots located within provincially significant wetlands. Mr. Usher explained that the vacant lots in Lagoon City are not located in provincially significant wetlands, and therefore Policy 11.4.1.2 would not apply to any development on these lots. Moved by: V. Hackson Seconded by: A. Eek BOD-004-14 RESOLVED THAT the Deputation by Mr. Leo Longo of Aird & Berlis LLP on behalf of the North Gwillimbury Forest Alliance be received for information. CARRIED b) Mr. Fraser Nelson of Metrus Development Inc. Moved by: D. Kerwin Seconded by: J. O Donnell BOD-005-14 RESOLVED THAT Mr. Nelson be permitted to more than the ten minute time limit normally afforded deputations should it be required. CARRIED Mr. Fraser Nelson, General Manager of Metrus Development, representing Maple Lake Estates addressed the Board regarding LSRCA Watershed Development Policy 11.4.1.2. Mr. Nelson advised the Board that Maple Lake Estates is not in support of the request of NGFA to delete LSRCA s Policy 11.4.1.2. He explained that Maple Lake Estates acquired several parcels of land in 1999, the largest parcel of 495 acres is zoned and registered to permit 1073 units. Mr. Nelson went on to explain that their application is ready to be submitted; however, they have mutually agreed with the Town of Georgina and LSRCA staff to explore a transfer of land use from this parcel to another 200 acre lot also owned by Metrus Development. For these reasons, Mr. Nelson asked that the Board not amend Policy 11.4.1.2. Mr. Nelson, having reviewed Staff Report No. 01-14-BOD, offered an undertaking whereby Metrus Developments will not submit an application on its site prior to the completion of the comprehensive Watershed Development Policy review being proposed by staff. Moved by: S. Strangway Seconded by: B. Drew BOD-006-14 RESOLVED THAT the Deputation by Mr. Fraser Nelson of Metrus Developments Inc. on behalf of Maple Lake Estates be received for information. CARRIED IV. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION The Board identified Item No. 2 for separate discussion. V. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by: J. Ballinger Seconded by: B. Haire BOD-007-14 RESOLVED THAT the following recommendations respecting the matters listed as Items Not Requiring Separate Discussion be adopted as submitted to the Board,
Page 4 of 6 1. Correspondence and staff be authorized to take all necessary action required to give effect to same. CARRIED BOD-008-14 RESOLVED THAT correspondence listed as items 1 (a) to (d) be received for information. CARRIED VI. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 2. Watershed Development Policy 11.4.1 Development and Interference within Provincially Significant Wetlands Manager, Planning, Regulations and Enforcement, Beverley Booth, addressed Staff Report No. 01-14-BOD which had been distributed to Board members. Ms. Booth explained that LSRCA s current watershed development policies are 15 to 18 years old, and staff believe that a complete review at this time is appropriate and is therefore seeking the Board s approval to conduct a six month review of all watershed development policies. Mayor Hackson questioned if six months would be sufficient given that it would have staff trying to complete their review at the beginning of summer, a very busy time for the department. She asked if there was an opportunity to extend this timeframe out to nine months. Director, Planning and Development Services, Rob Baldwin, advised that staff would certainly appreciate the extra time as it would allow for public consultation. LSRCA Legal Counsel from Beard Winter, John Olah, noted that should the review timeframe be extended to nine months, it would be imperative that the undertaking offered on this day by Mr. Nelson, also be extended to match the policy review timeframe. Mr. Nelson agreed to extend his undertaking to nine months, and longer if additional time is required for the policy review, as long as the outside date is reasonable. Board members expressed a desire to hear from Mr. Olah in Closed Session regarding the legal opinion prior to considering the recommendations contained in Staff Report No. 01-14-BOD. Moved by: D. Kerwin Seconded by: V. Hackson BOD-009-14 RESOLVED THAT Staff Report No. 01-14-BOD regarding the LSRCA s Watershed Development Policy 11.4.1 Development and Interference within Provincially Significant Wetlands be received; and FURTHER THAT the consideration of any remaining resolutions on Staff Report No. 01-14-BOD be deferred until after Item XI. Closed Session. CARRIED Councillor Craig raised the earlier discussion regarding the agreement Metrus Developments has with the Town of Georgina and LSRCA staff to explore the transfer of land for the Maples Lake Estates. Councillor Craig also reiterated earlier discussions regarding NGFA being actively involved in these discussions and accordingly, the following resolutions were passed. Moved by: P. Craig Seconded by: A. Eek
Page 5 of 6 BOD-010-14 RESOLVED THAT staff be directed to be involved in the ongoing discussions regarding the Maple Lake Estates land swap ; and FURTHER THAT the LSRCA Board of Directors hereby reiterates its support in having the North Gwillimbury Forest Alliance representatives actively involved in these discussions. CARRIED Mr. Jack Gibbons, a guest in attendance at the meeting, inquired as to when the meeting s resolutions would be available. CAO Wood recommended that the resolutions would be available verbally at the close of the meeting and on the Authority s website by Monday, January 20, 2014. Moved by: G. Dawe Seconded by: J. Ballinger BOD-011-14 RESOLVED THAT staff be directed to post the resolutions of the January 17, 2014 Board of Directors meeting on January 20, 2014; and FURTHER THAT staff be permitted to release the resolutions verbally after the January 17, 2014 meeting. CARRIED Moved by: J. Ballinger Seconded by: D. Crake BOD-012-14 RESOLVED THAT the Board reconvene following a ten minute recess. CARRIED XI. CLOSED SESSION The Board moved to Closed Session to deal with a confidential legal matter. Moved by: J. O Donnell Seconded by: B. Haire BOD-013-14 RESOLVED THAT the Board move to Closed Session to deal with confidential legal matter; and FURTHER THAT members of the Executive Management Team, the Manager - Planning, Regulations and Enforcement, the Coordinator, BOD/CAO and legal counsel from Beard Winter remain in the meeting for the discussion. CARRIED Moved by: J. O Donnell Seconded by: P. Craig BOD-014-14 RESOLVED THAT the Board rise from Closed Session and report findings. CARRIED At the request of Councillor Craig, Chair Bath restated Resolution No. BOD-10-14, which read as follows, RESOLVED THAT staff be directed to be involved in the ongoing discussions regarding the Maple Lake Estates land swap ; and FURTHER THAT the LSRCA Board of Directors hereby reiterates its support in having the North Gwillimbury Forest Alliance representatives actively involved in these discussions. CARRIED
Page 6 of 6 a) Confidential Legal Matter Moved by: J. O Donnell Seconded by: J. Ballinger BOD-015-14 RESOLVED THAT the LSRCA Board of Directors accept the verbal undertaking by Metrus Developments dated January 17, 2014 to not submit an application on its site during the comprehensive Watershed Development Policy review and adoption of new policies by the Board of Directors; and FURTHER THAT the verbal offer of this undertaking be reduced to writing. CARRIED Moved by: G. Dawe Seconded by: D. Crake RESOLVED THAT Staff be directed to complete a comprehensive review of LSRCA s Watershed Development Policies in consultation with watershed stakeholders; and FURTHER THAT Staff be directed to bring the results of the policy review and the Board to make a decision regarding any policy change at the December 2014 Board of Directors meeting. Councillor Craig proposed an amending motion, which was seconded by M. Baier as follows: BOD-016-14 FURTHER THAT LSRCA Watershed Development Policy 11.4.1.2 be suspended until such time as the Board has made any decisions regarding any policy changes. DEFEATED The original motion as moved by G. Dawe and D. Crake was considered. BOD-017-14 RESOLVED THAT Staff be directed to complete a comprehensive review of LSRCA s Watershed Development Policies in consultation with watershed stakeholders; and FURTHER THAT Staff be directed to bring the results of the policy review and the Board to make a decision regarding any policy change at the December 2014 Board of Directors meeting. CARRIED XIII. ADJOURNMENT The meeting was adjourned at 1:30 p.m. on a motion by Councillor O Donnell. Regional Councilor Debbie Bath Chair D. Gayle Wood Chief Administrative Officer